Ask an attorney
 

I am not sure if I am doing this correctly, but I am offering to answer general legal questions, similar to the people offering finance, tax, investment advice. I am an attorney practicing in Colorado and have a wide range of knowledge on legal matters. Feel free to ask me anything.

Disclaimer: Per ethical rules, you need to know that there is no substitute for seeking legal advice from an attorney in your area. My practice is limited to the State of Colorado and each state has different laws. I may be able to point you in the right direction or provide you with a copy of the relevant statute in your area, however. Nevertheless, my advice will be general in nature and no attorney-client relationship is implied.

I have a general question about wills.

ratbastid and I don't have any kids, so we never really thought about having a will. If anything were to happen to both of us, who'd be in charge of our "estate" - our house, pets, bills, assets, etc?

What does it take to make out a simple will, and how do we appoint someone to be the executors? How about a living will?

Great question...

I need to do the same thing also...

Wills Question
 

Honestly, it is very simple and cheap to execute a will, but if you do not have one, each state has a probate/estate code that will decide how your estate will pass and who will be the executor. In most states, the surviving spouse has priority to be appointed as the executor and you petition the court for that appointment. The court will then typically issue a document (sometimes called "letters") that gives the surviving spouse the authority to deal with the assets. The benefit with a Will is that there is no question who will be the executor and you can also state that no bond will be required. Sometimes, without a Will, the court will ask the executor to post a bond.

Something else you shoud know. People are sometimes wary of the word probate, but in most states it is not a big deal, but there are ways to avoid probate altogether. Probate is usually opened when there is an asset that does not pass directly to a designated beneficiary, so if all of your assets have designated beneficiaries, no probate. For example, with a house, you might have it in joint tenancy versus tenancy in common. With joint tenancy, when one of the parties dies, the property passes automatically to the surviving joint tenant without any need for probate. Most spouses hold property this way. You can do the same with bank acounts by creating a Payable on Death (POD) designation. Some people create trusts, which also avoids probate and provides some other benefits. A lot of this depends on the size of your estate because there are some tax issues that might need to be considered.

There are some online sites and software you can use to create your own Will for next to nothing. The forms themselves are easy and cheap, but there are issues that need to be considered and that is why, in my opinion, it is best to consult an attorney. For example, we had a client that did their own Will and wanted to leave everything to his wife, but forgot that his children were on title with him on some real property and bank accounts. Evben though his Will stated the contrary, these assets passed to his children from a prior marriage and the spouse received very little.

Also, you mentioned a "living will" and this document basically states what your wishes are if you are certified as having an injury, disease, or illness which is not curable or reversible and which, in the physician's judgment, is a terminal condition, and you are basically being kept alive by artificial nourishment and life support. Some people opt to "pull the plug" in this case. Other people want life support to continue for a period of time. It helps to have this document because your family member sthen know your wishes. In conjunction with this docuemnt, we usually prepare a financial and health care power of attorney. These are also very important to have, They basically designate one person to be your agent if you are disabled. For example, if you were in a car accident and the physicians treating you wanted to know who had the decisions regarding your treatment, this document would make it clear that it is your spouse or whomever else you might designate. It would also allow your spouse to handle your financial affairs during your disability, without having to go through the courts.

I recommend calling a few estate planning attorneys in your area and seeing what they charge. You might be surprised. We charge $500.00 for a simple estate plan for 2 spouses with everything I mentioned above. I hope this helps.

Thanks for doing this, cocounselor23.
Much appreciated!

I am glad to offer it, but I have not had much inquiry yet. Maybe it needs more exposure?? Thanks ARTelevision!!

I am glad to offer it, but I have not had much inquiry yet. Maybe it needs more exposure?? Thanks ARTelevision!!

To LLC or to Incorporate for a small, one-man web design business? What are the benefits and downsides to each option (LLC, Inc, or not)? Is the process complicated? Do I really need an attourney?

Background: I run a 1-man operation. I design and maintain websites for clients in a variety of industries. The business requires that I maintain a webserver which I pay for basically out of my income. I will eventually have to turn over the keys to certain aspects of my customer's website (content maintenance, if they don't have a service contract through me) and I'm a little concerned about subsequent content on the server. Not that the clients I have now would put anything negative/illegal/libelous on the server, but if their FTP passwords were social-engineered or hacked out of them...

I'd like a little protection for my work too. I generate FAQs and other technical manuals on a variety of topics and I'd like to have them copyrighted. I think it might be easier if they were registered to the web design company. I'd like to register domain-names under a business' name too (privacy).

I've also found that many large and medium-size businesses would prefer to do business with a registered INC (seems safer to them, perhaps?).

Could you provide me some generalized information regarding how and why can setup an LLC? What are primary differences between an LCC and an INC? Which is less hassle for a 1-man operation? How does thsi influence my taxes and bottom line? Are there any serious reasons *not* to do this?

LLC v. CORP
 

Tritium-

Good questions. An LLC is very simple to do and you do not need an attorney. However, you may be suprised that the cost of setting up an LLC is not that expensive through an attorney and may give you better peace of mind.

Some Basics:

An LLC is really just a new breed of partnership that gives you individual liability protection, the same protection (more or less) that is afforded to officers, directors and shareholders of a corporation. The LLC is the "hot" form of business entity because relatively simple to form and maintain. For tax purposes an LLC is a "pass through entity," meaning that the income and expenses get reported on your 1040 tax return. The benefit with an LLC is there is no tax at the entity level, as there would be with a C corporation. All income from an LLC is income taxable and you also pay self employment tax (15.3% to social security and medicare). However, you can also deduct all of your expenses and depreciate property placed in the LLC. Most states allow a single member LLC and treat it as a "disregarded entity" for tax purposes, meaning again that evrything is taxable directly to you. An LLC can elect tax treatment as a corporation, but this is uncommon. For the business you are in, I think an LLC would be just fine. You can convert to a corporation later if it makes sense. A lot of people also use LLC's to own and ivest in real estate.

CORPORATIONS

Typical corporations are classified as C corporations, but can also elect Subchapter S status, which provides more favorable tax treatment. However, if you are never going to have dividends or own real estate, a C corporation can be fine. For example, our law firm is a C corporation and that is because all income is paid out as salaries and expenses, so there is never a profit. If a C corporation has profit, it usually pays the profit out as dividends and that is where there is unfavorable tax treatment. What happens is the dividends are taxed at the corporate level and then taxed again to the shareholder receiving the dividend. However, if you elect Subchapter S status, you can avoid this double tax. The difference is that a C corporation has more deductions available to it. For example, health insurance and contributions to a retirement plan are deductible to a C corporation, whereas these may not be deductible to the LLC or S corp. One advantage of an S corp over an LLC is that you can pay part of the income out as salary and part out as dividends and the dividends are not double taxed. The benfit of doing this is best shown by example. Let's say business has $200,000.00 in income that can be paid out. If piad to you under LLC, you will pay self employment tax of 15.3% off the top, which is $30,600, so you now have $169,400.00. Let's say you are in 30% tax bracket for IRS, which results in additional tax of $50,820.00, leaving you with $118,580.00. This does not account for any state tax you may have to pay. If you were an S corp, you could conceivably treat $100k as dividends and $100k as salary. On the dividends, you would probably have to treat as ordinary incolme and if taxed at 30%, you end up with $70k from that part. The $100k will be taxed for self employment at 15.3%, leaving you with $84,700.00. Taxed at 30% for income is $25,410, leaving you with $59,290.00. Combined you end up with $129,290.00, which is better than the $118,580.00 you end up if all is treated as salary under LLC method. Yikes!! I know this gets kind of ugly, but I hope it makes sense.

This are gets fairly complicated and is more than I can really go into here, but based on what you have told me, I would recommend that you start with an LLC. Very easy to form and less formalities than that of a corporation. However, if your clients prefer you to be corporation, consider electing treatment as an S corporation for more favorable tax treatment. Most states have websites at the Secretary of State with additional info that you need, including forms for the Articles of Incorporation of Organization, etc. If you tell me what state you are in, I can get you some additional information.

Hope this helps a little. Please forgive any typos as I have not proofread the foregoing.

I'm in Virginia.

Thanks for all your help, counselor. I get completely lost in generic legalese, but you do an exceptional job of summarizing. I understand things better now.

A quick word about online wills. I shopped around and found one I liked. The price is very reasonable, you download it, fill it out, with their assistance if necessary, and don't pay until you file it back with them. Once paid for you receive an official will that you have witnessed, notarized, then put away for safe keeping. I talked to my lawyer about it on the phone and she said it was as good as she could put together, and cheaper to boot!

I won't give the name on here, but would be glad to via private message. Or, just fire up Google, and go for it.

Know anything about divorce, or custody laws?

Divorce and Custody
 

Yes I do. Ask away.

I'm in NC, and I've been separated from my husband for almost 10 months now. 1st question: Do I have to have a lawyer to file for divorce? 2nd question: Original Judgement for custody was that we were to alternate weeks with the girls. We ammended that in Mediation to him having primary custody, and me having every other weekend, and half of the summer (I live 3 hours away, and that was the easiest plan for me.) Now he says he wants to go back to alternating weeks, or he's going to take me to court. What would be a typical judgement when one of the parents lives out of town, and what do you think I should do?

thupt:

You can represent yourself in filing for divorce, but I do not recommend it for a custody matter. I know it is expensive, but there is a lot to know. Most people represent themselves ("pro se") when there are no contested issues and here there definitely is. Your case is different though in that you are trying to limit your parenting time with the children, whereas most people are fighting for more time. I do not know what you mean by "separation." Was there a court separation or just something done informally? You said "judgment," so I am assuming there was some kind of order initially that was later changed through mediation. Not clear whether court approved the new schedule? If it wasn't court ordered, then either party can try to change the custody arrangement at any time. With your husband (ex) having primary custody and you living 3 hours away, it is very unlikely court would order alternating weeks...too disruptive to school, etc. and the court would likely not require you to drive them 3 hours, etc. However, the court could give you every weekend or something similar. Most likely, unless your husband (ex) can show a compelling reason, the Judge will not alter existing schedule very much. You need to know that in most states, child support is directly related to the amount of time that the children are with each parent. Under the current schedule, my guess is that your husband does not pay you any child support. Does he realize that by asking that you have the children more will likely result in him having to pay child support? In your case, I would sugesst you use the mediation again and see what is recommended. Mediation is not binding, so you are not stuck with what is recommended (usually), but it is always a good thing to hear what the mediator has to say. Here's a link to NC website I found. http://www.nccourts.org/Support/FAQs...=14&language=1

If you google "North Carolina Divorce," there are a lot of websites, but a lot are law firms and they are usually trying to convince you that you really need an attorney. Hope this helps.

it's not that I don't want custody of the children, in fact, by the time this goes to trial again, I'll be financially stable enough to afford day care, and might ask for primary custody. I had a lawyer at the first trial, and he did not. The judge gave the ruling for alternating weeks at that time, to which we agreed at an appointed mediator's office to ammend the decision, and the mediator filed it at the court house as an ammendment to the judge's decision.

Thanks a bunch for your advice!

Employment Contracts:
I was considering asking my next employer to draft a employment contract for length of time (ie 24 months). If I am asked to relocate I think this would be fairly reasonable.
Anyways......are they as legal binding as I hope they are? What can you report on these, if any.

Dawson: Yes, employment contracts are enforceable. As with any other contract, there has to be sufficient consideration (i.e., each party giving up something of value). Here, you are giving up your right to work elsewhere and in exchange, the employer is paying you. I have a sample employment contract if you want to see it. All employment contracts still say that you can be fired for cause, but you may be able to have a provision that says you are paid for that 24 months irrespective of whether you are fired with or without cause. E-mail me and let me know if you want me to send you an example employment contract that I use.

Wow, what an awesome thread. Do you know anything about Utah employment laws? Utah is a right to work state so things are a little different here. Do the same rules apply to being fired without reason and things like that? And what exactly does "right to work" mean? The details are a little shady for me. Thanks in advance.

SB-I am sorry. I do not know anything about Utah law. Do you have a specific question.

I guess my first question is how is a right to work state different than another state? Do the anti discrimination policies still apply?

Storm: The right to work policy has more to do with unions and the fact that an employer cannot discriminate against employees if they are in a union. Most discrimination protections are federal statutes and you have the right to be protected from discrimination no matter what sate you live in. Of course, many states also have their own ant-discrimination statutes, but they can never give you less protection than that which is given you by Congress.

You know anything about rental laws? I've been living in this house with this girl who turned out to be this total bitch, and I find out about two weeks before she plans on moving out that she's leaving. She wrote the landlord the standard 30 day notice, but she didn't say a damn word to me (I only found out once the landlord came down to confirm). Anything I can do?

from most room mate situations I know of (i'm not an attorney but well versed in my rights as a tenant and as a landlord.) and they do vary slightly from state to state.

she has no obligation to tell you she's moving out especially if you both are on the rental agreement.

Cynthetiq is correct. She has no obligation to tell you she is moving out, however, if you are both on the rental agreement, her unilateral termination of the lease may not be effective as to you rights. You may still be able to argue to the landlord that you want to keep the unit and he probably will allow you to renew the lease, if that is what you want. But, you really have no recourse against the so called "bitch." Look at the silver lining...at least you weren't married to her!

My best friend just got a DUI. He was drinking a few beers, underage, and crashed his car on a state highway. He passed the physical test, but flunked the breath test. He was found guilty and had his license suspended. He will not be able to get his license for about a year and a half. He was planning on moving, and had already signed a lease aggrement. He moved, but now he has no way, aside from pedestrian and public transportation, to get around (question is coming, i swear). 1) Is there any way to challenge the one and a half year suspension? He needs to drive to get to work and school and has no priors. 2) Does he, or the state, have action against the person who purchased the alcohol for him ( don't worry, not me)? This person was a former friend who still consistantly buys alcohol for minors. 3) Is there some other type of license he can get temporarily in order to only drive from home to work/school? Thanks for any help you can give. BTW this is in California.

In California, when arrested, the driver is given a choice of a breath or blood test. If (1) a breath test indicates .08% blood-alcohol or more, or (2) a blood (or, if neither breath nor blood are available, urine) is taken for later analysis, or (3) the individual refuses to submit to chemical testing, his driver's license is immediately confiscated by the police (unless it is an out-of-state license) and he is issued a pink sheet of paper. This paper serves as (1) a formal notice of immediate suspension, (2) a temporary license valid for 30 days and (3) a technical explanation of the laws and procedures involved.

CA also has a "Zero Tolerance" policy for drivers under 21, as follows:

VEHICLE CODE SECTION 23140

23140. (a) It is unlawful for a person under the age of 21 years who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

(b) A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years and under the influence of, or affected by, an alcoholic beverage regardless of whether a chemical test was made to determine that person's blood-alcohol concentration and if the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle while having a concentration of 0.05 percent or more, by weight, of alcohol in his or her blood.

(c) Notwithstanding any provision of law to the contrary, upon a finding that a person has violated this section, the clerk of the court, or judge if there is no clerk, shall prepare within 10 days after the finding and immediately forward to the department an abstract of the record of the court in which the finding is made. That abstract shall be a public record and available for public inspection in the same manner as other records reported under Section 1803.

Veh. C. §42001(a) sets the fines for vehicle code infractions at $100.00 for a first offense, $200.00 for a second infraction offense in a year, and $250.00 for a third or more infraction offense in a year. Add to these the usual penalty assessment of up to 160% of the fine.

In addition to a fine, under Veh. C. §13202.5(d)(4), the convicted defendant is subject to the mandatory one-year suspension, with a hardship restriction available

Veh. C. §13352.6 was added and Veh. C. §23502 amended by Stats. 2000, Chap. 1063, §2, to require a person over the age of 18 who is convicted of a violation of Veh. C. §23140 to attend the educational component of a first offender DUI Program (see page 10-107), unless there are prior drunk driving convictions. If that's the case, then the full first offender DUI Program is required.

The person's driving privilege is suspended until the program is completed. Since the statute became operative on January 1, 2001, it only applies to offenses committed after that date

Per the above, it does appear that there is a "hardship" exception, but your friend should first call the DMV and see if he can get more information. Usually, It is CRITICAL that the DMV be contacted by the individual's attorney within 10 calendar days of the arrest. On the 11th day, the DMV will refuse to provide a hearing and the suspension will automatically take effect in 30 days. However, there may be some way to get a hearing, even at this late date. He may have to hire an attorney to go further.

That's the best I can do.

Actually, I found some more info...which may help--see below:

If you have a non-commercial driver license and you show proof of enrollment in a DUI treatment program, file proof of financial responsibility and pay (on or after January 1, 2003) a $125 reissue fee after a mandatory 30-day suspension, you may request a restricted license to drive to and from the DUI treatment program and/or to, from, and during work. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code §§23136, 13353.1, 13388, 13392. Hope that helps

He has completed the program (required classes on a weekly basis for some time), and is simply waiting for date he gets his license back.
That REALLY helps. I will tell him imediatally. Thank you very much, and I must say that I appreciate what you're doing.

Cocounsellor23- I'm not sure if you'll have any chance of being much help on this. It's really not a big deal in the grand scheme of things, but i'm younger and on a limited budget, thus i'm going to dispute my stupid speeding ticket tooth and nail.

Do you have much knowledge on Canadian legal procedures for disputing traffic tickets? I don't want to waste time writing this all down, unless you might have a chance at helping or not? Thanks so much! If you're not really sure, don't worry about it, and i'll post in the Canadian Regional forum... Thanks again!

Fallen...I have no idea regarding the procedure for contesting a ticket in Canada...I am sorry. I will tell you that I have done this myself and for friends here and usually the longer you postpone things, the more likely it is that you will get some type of plea bargain. It also helps with auto insurance because the charge does not show up on your driving history until you are convicted. I wish I could be of more help.

Cocounselor23, No worries, thanks for getting back to me anyway! :D

Cocounselor23, Are you familiar with Holder in Due Course law?

I live in NY. About 4 years ago I sent a personal check to someone in the state of Washington in the amount of $900 for a virtual item. They cashed the check in a check cashing store and did not deliver the item. I immediately stopped payment on the check and did not lose any money.

Since then the checking cashing store has a collection agency after me who claims I am responsible for it because of holder in due course law. I also found out that they went after the person who cashed the check but that person declared bankruptcy.

Other than telling the collection agency to piss off, is there anything else I could do?

Delirious:

I do not practice in negotiable instruments and have limited knowledged of the Uniform Commercial Code (UCC) which would apply here. The "Hlder in Due Course" section is at Section 3-302(1)(b)(c) of the UCC and basically says that a bank (or a check cashing facility) is protected from this type of transaction, unless there are defenses. If you look at it from their perspective, they were presented with what appeared to be a valid check and they cashed it and gave the money to the crook. You then stopped payment on the check and they are left holding the bag. There may be defenses for you , however, especially considering it is a check cashing store and not a bank. I would imagine that a good amount of the checks presented at these check cashing store are counterfeit in one way or another.

UCC §§ 3-302(1) provides that a holder in due course is a holder who takes the instrument for value, in good faith, and without notice that it is overdue or has been dishonored or of any defense against or claim to it on the part of any person. Code §§ 1-201(19) defines "good faith" as honesty in fact in the conduct or transaction concerned, and Code §§ 1-201(25) provides that a person has "notice" of a fact when (a) he has actual knowledge of it; or (b) he has received a notice or notification of it; or (c) from all the facts and circumstances known to him at the time in
question, he has reason to know that it exists. In general, the test for determining good faith is not the objective one of prudence, due care, negligence, diligence, or failure to inquire, but a subjective one of knowledge of facts which render the taking dishonest. While knowledge of facts sufficient to cause one of ordinary prudence to make inquiry is not evidence of bad faith, a purchaser may not purposely refrain from making inquiry which would result in knowledge of a defense.

So, in your case, it's possible that you could argue that the check cashing place should have known that the check could have been bad. Some cases have held that a bank that immediately cashes a check for a customer, knowing that the customer has a history of bounced checks and being overdrawn, is not a holder in due course because they had reason to knwo that the check might not have been good. The other cosnideration is that the collection agency should frist get a judgment against you in court before it tries to collect and it does not sound like that has happened. You could tell them that they cannot enforce collection until they get a court ordered judgment. You could also go against the person that stiffed you, even if he has filed for bankruptcy, because fraud is not covered by bankruptcy protection.

This is a lot of trouble for $900.00 or so though. I would highly suggest that you try to negotiate a settlement with them, by offering 50-60% of what they claim is owed and make sure they remove any derogatory information from your credit report. Get it in writing.

Being that this was 4 years ago and it's not on my credit report yet I doubt it will ever be.

I spoke to the the credit agency and they had the nerve to accuse me of doing this on purpose.

There was something in the Holder in Due Course law about bankruptcy being a way out of it.

Anyhow I appreciate the assistance and I guess the collection agency can keep sending me mail for all I care.

Hi, it'd be great if you could help me with this. Following is what I copied from a seperate thread I made a few minutes ago, before I saw this. Thanks for doing this for people, you seem pretty educated about quite a few things.



My wife moved out with her son (from previous relationship) in March. I was left to care for our daughter. I want a divorce, but can not currently afford it, as I am barely making enough money for rent, childcare, food, etc., plus it does not help that my wife does not have a job, which means I get no child support. I am in the process of moving into a better situation which will allow me to have more money, so I figured I could file towards mid-October. State law says the divorce is not final until half a year after the original filing, so about April 2005.

She told me yesterday she is 17 weeks pregnant, due around mid February. To my knowledge the dad is out of the picture.

I was thinking that this doesn't really concern me, other than my daughter is going to have ANOTHER half-sibling. But, I mentioned her pregnancy to my daughter's day care provider, and she said that as long as we are legally married this is legally my kid, especially if the real dad is out of the picture.

Now, I ask, is this true? I can supply more details if desired.

Anleja:

I know of no state law that would support the finding that just because you are married, the child is legally yours. What the provider probably meant to say is that there is a presumption that the child is legally yours, but the presumption is rebuttable. Please let me know what state you are in and I can review the statutes. You are probably going to have to request a paternity test to prove you are not the father. Unfortunately, the law puts the burden on you to prove you are not the father and not vice versa. By the way, most states have a provision allowing you to file without paying a filing fee if you can prove you meet the income criteria.

Thanks for the prompt response!

To answer your question, I live in Michigan.

Thanks once more.

Anleja: The relevant statute section is MCLA 722.711 and I have donwloaded a copy if you want. Basically, you will need to get a court determination that the child is "born out of wedlock," meaning the child is not biologically yours. You should really look into getting some legal help as quickly as possible, as it appears that if you are married when the child is born, there is a presumption of legitimacy and your name goes on the birth certificate. You can still fight it at this point, but I think it would be much easier to initiate the divorce now and see if you can be divorced by the time the child is born. If mom tries to say you are the father and liable for child support, you can then get a paternity (DNA) test. Here is a link to the Michigan Court website, which has some additional information. Hope this helps: http://www.courts.mi.gov/

Sales Tax collection / Contract question:

My employer is a Virginia-based corporation. I work in CA. We sold a machine to a company in California. The contract read that the buyer was responsible for sales tax. (roughly $24,000) I know that if he doesn't pay it, we are on the hook for the tax.

My question is, assuming he does not pay it, and we do, how do we go about collecting from him? Multiple small-claims filings? Can a VA company do that to a CA company?

My employer is a very small company and the owners are somewhat retarded. We have no legal department. I think at some point, they will ask me what I think we should do.

Clavus: In the future, I would do a few things differently-for example, collecting the sales tax in advance in an escrow account and/or adding a provision in the sales contract that says if you have to bring suit agaisnt other company, venue and jurisdiction in VA and you get to collect your attorney's fees for having to bring suit...but what good is hindsight, right?? lol. Anyway, VA probably has what's called a "long-arm" jurisdiction statute that may allow you to file suit in VA, even if it is a CA company. Long-arm jurisdiction allows you to bring in an out of state defendant if there are "minimum contacts" with the forum state (VA). A lot of this will have to do with whether they contacted you, where the contract was signed, how the shipping was arranged, payment, etc. Unfortunately, I doubt you will be able to file mulitple small claims actions because that would defeat the idea behind small claims. You are supposed to bring all claims together...but if the claims arise at different times (i.e., they were supposed to pay $5k each quarter) you could bring a claim each time they breach. I am not sure what the courts are like in VA, but this will probably either have to be brought in County or District Court in VA. You would hire a process server to serve them in CA. If they get an attorney, he may challenge the jurisdiction question and you could spend a lot of $$$ fighting that issue alone. You can always bring the lawsuit where the Defendant is domiciled, so if it was me, I would hire a CA attorney to file in CA. If the agreement is solid on them paying sales tax, there would be no need for a trial and you would probably just get a declaratory judgment against them. Once you have the judgment, you can levy the other company's assets and do all kinds of fun things. Of course, maybe they will just pay??? Let me know.

Thanks. It will be interesting to see how this turns out.

Hi I'm 20 right now, I haven't started college yet as I joined the military because my financial situation kinda got messed up and I needed a more steady income. I plan on having a bachelor's degree when I get out and have been thinking about becoming a lawyer for a long time.
I was wondering I guess what a typical day as an attorney is like?

Also is it more advisable to take Pre-Law in college? I've heard Classics, LA, or Psychology are also majors which can be considered for law school and would cover some of my side interests more effectively.

The first 2-3 years of being an attorney involve 70-80 hour work weeks, so I've read, what is this mostly consisting of(research for frim attorneys?) I guess what are the first few years like?

I could prolly think of a few more questions but don't want to load it up two much. Most of what I know is just from reading career descriptions and such but never really asked someone in the field directly.

Good Questions
 

There are so many differrent areas of law and a lot of what you end up doing will be dependent upon the area in which you practice. Unfortunately, I have just been called home by the wife (lol) and will not be back until Monday the 18th, but I will definitely respond then. I just wanted you to know that I got your posting.

As far as I can tell, Political Science and Philosophy are common pre-law majors. I'm biased towards philosophy, being a philosophy student and all. Chemisty and some other sciences can be (very) helpful if you want to go into intellectual property law. I'm looking forward to seeing cocounselor's answer myself, since I'll be starting law school in the fall. Assuming someone lets me in...

I am a licensed retailer of incense & oils and my main cashflow comes through on eBay. Just today some other company reported me to eBay claiming that I had commited a copyright infringement, causing my auctions to be removed. part of my name (mystic) is in their slogan (it's not really a slogan, but they just use the word "mystical" in a trademark description of what they sell- but nowhere do i see that they sell incense or oils. Only a "lovepotion" which I have nothing remotely close to that. This company never contacted me, just went straight to eBay Vero to file a report. Apparently they don't have to be specific to Vero what infringement it is.
I emailed the company asking what it is, they just told me to read over their page more thoroughly then email them again, but claiming that it is out of their hands. I hope you can help me with this- if you need more details, just ask. Thanks.

This is hopefully a quick question to answer. We recently bought a house and closed on September 17th, 2004. Just 3 weeks later I received a letter of assessment from the City thta said that we owed $189.00 for sidewalk, curb, and gutter repairs. The resolution to make the repairs was made on March 9th, 2004. We also just recieved letter of disconnection from the water and sewer department of the City. It stated that there is a bill delinquent in the amount of $34.00 and that services will be disconnected on November 1st. The City had filled out and sent a letter of assessment at the request of the Title Company. The letter stated that by September 17th, 2004 that there were no current assessments, no future assessments, and no water bills due. I have brought this to the attention of the Title company that we've received these bills. They believe that they can take care of the water bill but the sidewalk repair is a different story. Apparently the Title company called the City and was turned away saying that the City wasn't responsible and that it was a simple mistake. Shouldn't the City be held responsible for this? I paid for the letter of assessment to avoid this kind of hassle. According to the Realtor, the seller of the property will not take care of anything since they're apparently under investigation - Fanny Mae. I plan to approach someone from the city about this matter and I am willing to go from supervisor to superior if there is any hope of dealing with this. I realize that we benefit from the sidewalk repairs but the other residents in town had 7 months notice before their bill came due, I paid $15 to avoid having to pay this, and had no warning before we were given only 1 month to pay the bill in full. I don't feel that it's fair that we be responsible for this bill. Who should I speak to? Is there anything I can say or do that will help me? Should I go as far as to get a lawyer to write the city a letter?? I would almost be willing to pay a lawyer the $198 to make the City fess up to their error in hopes they will be more careful in the future and not cause other's this kind of mess.

Law School Questions
 

Sorry for the delay:

Poli Sci is one of the most common pre-law majors. In undergrad, I was an environmental science major and then they also had some pre-law courses, which I took, but were not anything at all like law school. So, I don't necessarily think pre-law classes in undergrad help, but each college may be different. Try talking to the professors of the pre-law classes and see how they teach the class. Honestly, if you have a decent GPA in Poli Sci, English, LA or probably just about anything fairly mainstream, it probably will not make much difference. In fact, I would bet a majority of law school applicants are Poli Sci majors, so why not set yourself apart and study what you like. To me, Poli Sci was boring!!! By the way, a lot of wight is places on the LSAT test, so you may want to start looking at that test when you are a junior and I highly recommend taking a prep course.

I work for a mid-sized law firm and I usually work 60-65 hours a week. Some of the larger firms would require more, but I am doing ok here. Most firms have billable hour requirements, anywhere from 1750 to 2200 per year, which means you have to bill that much time each year, no matter how much you actually work. In a 12 hour day, with all the distractions and everything, you are lucky to bill 8-9 hours. So, if you want to (or have to) bill 2000 hours a year, you will probably need to work about 60-65 hours a week. In bigger firms, when you start out, you are usually just working on individual research projects for different attorneys and there is not as much client contact, at first. For me, I started handling my own cases right away, There was some initial supervision, but it did not last long.

There is a lot of law to know, so my best advise to you is to get into a practice where you can concentrate on 2-3 very specific areas. I made the mistake of trying to do it all and now I have to know everything from trusts and estates to family law to personal injury. If I had to do it all over again, i would have picked one or two areas and just mastered those. You won't know what area you want to practice in until you are finished with law school (most likely).

Hope that helps.

Hmmmm
 

Unfortunately, EBAY can do pretty much whatever it wants, but it hardly sounds like you committed any trademark infringement. I am sure EBAY has a dispute resolution procedure and I can help you explain why it was not a trademark infringement if you need, but I will need more info.

House
 

Trust me, it will cost more than it is worth fighting. I am not sure about this assessment letter...can you tell me more about what that was? The biggest problem is that the city probably has some kind of immunity anyway. You might have a case, though, but I bet the city will make your life hell in the meantime and probably even file a lien on your property. Maybe there is a kind hearted attorney in your area that will help pro bono?

More on the topic of law school:

Cocounselor, where did you go to law school? And what were your experiences like there? I'm trying to make the final decision about where to apply, and I'm finding it quite difficult.

Law School
 

I went to University of Denver College of Law. For me, the choice was pretty simple. I am originally from CA. My wife's family had moved to Colorado, we were going to have our second child, and my wife wanted to be close to her mother, so she told me we were moving to CO...simple as that...lol! Anyway, I applied to the only 2 law schools out here, University of Denver and CU. I was put on the wait list at CU and Denver accepted me and also offered a 50% scholarship. The choice was really made for me. I did a lot of research, though, before my mind was made up for me, and I bought some books that ranked law schools and gave bar passing rates and all of that. I would definitely recommend that you either go to a first or second tier law shool. I also highly recommend that you go to a law school in the area where you want to practice. It seems to me that a lot of the law firms here in Denver liked the fact that I was a Denver graduate. I think it just makes it easier to get a job. Good Luck.

This is a quick (I hope) question regarding employment discrimination.

What does it take to show that a company did not hire you due to your age (over 45) and is there a recourse against a former employer that may be giving a false review of your employment with them?

Despite over 20 years of experience, I cannot get hired and truthfully think it is coming down to my age and/or the possibility that soeone is giving out false information about me.

Great thread, thanks for assisting us.

I need some advice.

Looks like I have, or could become another vicitim of ID theft. I recently just got a letter from Wells Fargo. Seems as though they had 4 computers or servers stolen from their offices. Those servers have my address, SSN, and account info on it.

The kicker is that on the opening of the letter, they state to take Educational Financial Services (EFS) security very seriously (if they did do ya think, I'd be talking about this?). I checked Wells Fargos website, and it looks as though there are 3 other times computers were stolen with with confidental info.

Anyways. Besides taking the usual route of the ID theft grind (checking credit reports, police reports.) Is there such an attorney that could deal with a situation like this?

ID Theft
 

Wulf:

One thing you should do first is notify the credit bureaus of the possible identity theft. Here is a link to the FTC on identity theft:

http://www.consumer.gov/idtheft/

You may need to contact one of these referral firms in order to find an attorney. http://www.criminaldefense.com/white...ed5b5bb2db05e7

If you tell me what state you are in, I can probably find someone in your area.

ANother option I was thinking about: I am wondering if you could apply to IRS for new social security number. I have not looked into this in detail, but maybe it's a possibility. Here is their website: http://www.irs.gov

You may try entering a search for "identity theft" or "new social security number"

Lastly, I wonder if you have a cause of action against Wells Fargo, since this is not an isolated event...

Good Luck

Co- Thanks for your reply. I live in Michigan.

Since you stated that;

"Lastly, I wonder if you have a cause of action against Wells Fargo, since this is not an isolated event..."

There maybe a chance of action on my part? I know of 2 other people beside's myself(and I'm sure there's alot more then us)that have been affected by this. I'm not one to go out a look for a lawsuit against a company. But this really is inexcusable, on their part. I could care less if I get money from them.

Also I should've added in my first reply they're offering 1 year of free credit monitoring :rolleyes:.

Thank you again for your help Co

As an attorney, the prospect of giving legal advice on a message board raises big red warning flags for me. I heard a heated dabate once on the propriety of those radio call in shows featuring attorney, and figure this is pretty much the same thing. It's not just about avoiding malpractice, but what if you're giving advice to the person on the other side of the case as you're on?
This is by NO means real live legal advice, or a substitute for it, much less given for any reason other than just to see myself type. Just so you'll know, there is NO ATTORNEY CLIENT RELATIONSHIP BETWEEN ME AND ANYONE ELSE READING THIS!!!
(THE SAME GOES FOR ANYONE READING COCOUNSELOR'S POSTS TOO)


That having been said...

Even without knowing more about your case, I can say that in most states, a former employer who gives a reference to a potential future employer is extended a qualified privilege for those communications to someone that has an equal interest in the employment of the former employee. Basically, ex-boss can tell interviewer that you did a bad job. You can't really do anything about it unless ex-boss knew what he was saying was wrong, or he said that you stole from the company when you did not, or other non-job-related information about you that was false. Still, out of an abundance of caution, most employers now just give out information about when you worked there and if you are eligible for rehire or not. Defamation, libel and slander are state law claims, and vary from state to state, though.

Generally, an age discrimination case is federal law (The ADEA). Sorry to be so negative, but you also have a steep uphill battle to climb on a failure to hire age discrimination claim, unless you know of a policy or practice of the company that did not hire you. Even then, these cases are rarely won. After a fairly complicated "burden shifting analysis" the employer can come up with almost any reason that they made the decision they did, and it is rare for the court to decide that their reason is just pretext for discriminating against you because you are older. Unless the difference in qualifications between you and whoever was hired instead of you are "so great as to reach up off the page and slap the court in the face" the federal courts are unlikely to second guess an employer's decision.

Perhaps more importantly, filing suit when you are job seeking is a bad idea, generally. Word is likely to spread that you are a litigious person, and like it or not, it's going to give any other potential employers another (hard to prove, yet still real) excuse not to hire you.

Wish I had better news for you. I'm usually not this negative. My dad, laid off in the tech industry, spent two years trying to find a job, then gave up and went back to school for something completely different.

Workers Comp
 

Thanks for the time you spend answering these questions. I have a general question regarding workers comp.

Here in PA, an injured employee must see the posted worker comp health care provider for 90 days after an accident before they can see thier personal physician unless they are discharged first.

I'm a health care provider and a patient came to me after a work accident. He had seen the worker comp physician a couple times and was basically told nothing was wrong and was discharged(in writing)

I evaluated him and after finding multiple untreated injuries, including a fractured hip and herniated disc, treated him extensively until he was able to work again.

Problem is the insurer refused to pay any of the sizeable medical bills he incurred with me, claiming I am not the worker comp physician. The patients attorney assures me he is working toward a settlement but several years has passed and it is obvious that paying my bills are last on his list of priorities.

I'm wondering what the best recourse at this time is. I'm thinking about filing a civil suit against the insurance company, as the total bill is below the limits set in that type of case, but I know that even if I prevail, there is no avenue to enforce the judgement. I also worry that a statute of limitations exists as this case is now about 4 yrs old.

I would appreciate any advice you can give in this situation

Well I've got an update for ya. I confronted the City Engineer about the special assessment letter and later the bill. It seems I must have made some sort of impression because I've received a notice that the issue is to be discussed at the next Public Works meeting held this Wednesday. My Dad spoke with his lawyer and it seems that the city cannot hold us responsible for the bill because we were not notified prior to the work being done or allowed to object to the work. I plan to make copies of all my papers including the receipt showing that we paid $15 for the special assessment letter. I'm not sure what, if anything I will be able to say at the meeting but I intend to present my side of the story as clearly as possible if I get a chance.

I'm not sure what I can accomplish but according to my Dad's lawyer it would be worth the money to fight this should it come to that. Apparently the cost wouldn't be that great (for him anyway) since I have all the papers necessary to protect us.

As the story sits. The city sent a Special Assessment letter requested by the Title company and paid for by us. The letter states that "No Special assessments are anticipated at this time." Meaning that no work has been done by the city in such a location as for the property owner of our address to be responsible for any bills yet to come. The resolution to complete the work on our property was made March 9th, 2004. The Speciall Assessment letter was written and signed (by 3 officials) September 3rd, 2004 and we closed on the property on September 15th, 2004. The bill from the city for work completed prior to our closing on the property was sent to us on September 28th, 2004. It's obvious from the dates listed that the city knew of the work and future billing 6 month's prior to our notification. I'm not getting my hopes up that I can get the debt completely cleared but I am hoping to push the city to at least give us 6 month's to pay, the 10% discount promised if paid prior to 7 month's after the resolution was first decided, and the $15 returned. I will insist that since we paid $15 for the Special Assessment letter that the city has two choices - 1. Stand by their letter and remove the fees, or 2. Return the money I paid for a piece of paper they lied on and give us the 10% discount and 7 months wherein to pay the charges. I may not say it in such terms and I plan to ask for the first to begin with but should it seem as though they cannot back down I will offer the second choice as an option. I have a feeling that in that case they will probably cooperate.

I hope this makes sense.

Is there anything I may be forgetting or anything else that I can do to make my position any stronger??

After my son moved out of an apartment he had rented in Portland, OR, the owners sent him a bill for repairs that were exorbitant. Subsequently, he notified them via letter that he disputed owing any money. The apartment owners turned it over to a collection agency, who attempted to collect on this disputed bill. They apparently reported the collection action to Equifax and their ilk.

It has been over three years now, and no small claims action has been filed. My questions are in regard to his credit report.

Is there a way to remove this negative entry, even though he has essentially been denied his day in court? My understanding is that they can only report this negative action if they also report that it is under dispute. Is there a way to determine if they have complied with this requirement? Additionally, it would be good to know what the statute of limitations is for this type of litigation.

Thanks very much for your assistance, it is greatly appreciated.

In Oregon, an action arising under a rental agreement shall be commenced within one year.

(ORS 12.125 Action arising under rental agreement. An action arising under a rental agreement or ORS chapter 90 shall be commenced within one year.)

Go through the process of contesting the claim with Equifax. They will put it under review and contact the owners for verification, which they will probably be unable to provide, and the matter should end.

Thanks very much for your prompt reply.

I live in pennsylvania so you probably wont know specifics, but my cousin got a dui 1 or 2 months ago, and he still hasent lost his license yet. Immediately after the dui he enrolled in aa meetings ( not ordered by court or anything ) and he hasnent had anything to drink since. but in your state is there a work permit or anything that can be done to shorten the length of the suspension? (which he hasnt even recieved yet)

(he was trying to start his car but the positive bat connection was loose, and he got the truck started but had to leave the hood up and move it to where it was flat because his e brake was broken) no accident involved or anything.)

In Pennsylvania, he has to be convicted of the DUI before he'll lose his license. The length of license suspension depends on his BAC (blood alcohol content) level. If this is his first offense he can enter ARD (accelerated rehabilitative disposition) and significantly shorten his suspension, or he may apply for an OLL (Occupational Limited License) after part of the suspension to allow him to drive to work.

If he refused a BAC test he will face at least another year license suspension on top of the suspension for conviction.

Need to know:
BAC level
Any Prior Offenses
What county in Pennsylvania is he in?

Additionally, send him to a lawyer now! There are significant constitutional challenges to the new DUI (really DAI, driving after imbibing) law that may prevent the Commonwealth from convicting him at all.

he did not refuse a bac.
it was a .2 ( yeah i know tahts high, but he has since given up drinking )
and it was in northhampton county

no priors

A=domain email user
TAP=An association
B=TAP domain administrator

A is one of many people that has an e-mail account under the TAP domain. B went into A's mailbox and dug up an old e-mail that A sent to someone else, and sent a mass e-mail out using A's e-mail address. Furthermore, for the past few months. TAP believes that B has created numerous e-mail account under Yahoo and other big-namers to spread rumors about A. What crime/tort could B be charged with and how does A go about getting information (such as time a certain e-mail was sent and what IP address it was sent from) on the e-mail accounts he believes to be fake. Also, if A lost the case, is A responsible for both the court and lawyer fee?

Thanks in advance for your help. I really appreciate it :)

Where are these people located?

Generally: Defamation (of which libel and slander are methods) is the offense of detracting from another's reputation, or of injuring his character, fame or reputation by false and malicious statements.

In this case, even if you could prove that B defamed A, you would have to prove damages to recover any money. Although it's possible A might be awarded punitive damages if B's actions were especially harmful, it is unlikely. Damages from defamation usually must have a concrete financial base - for example, due to B's lies A was denied a job or lost a contract. Absent such damages A will not be able to recover anything from B.

Some form of invasion of privacy might be possible for B going into A's mailbox (assuming B had no authority to do so), and some kind of fraud charge might be leveled against B for creating the false email addresses, but both of these are unlikely.

A probably wouldn't be responsible for B's court and lawyer fees unless the court determined that A's case was frivolous and without any basis.

For future reference, everyone please post jurisdiction when asking legal questions. (Country, state, county...)

Hey counselor. Keep up the good pro bono work. Pretty sound advice.

Reanna74. Don't be shy about calling your Mayor or City Council for help.

Texas, esq

o sorry....these people reside in Washington....Seattle, WA to be exact

edit:

If B lost the case, then would be pay for A's lawyer and court fee?

Probably not. To qualify for attorney's fees the opposing party usually has to engage in some kind of really objectionable activity, or to act in a way without any legal basis.

What, or where to find, are the limits of the federal government in the course of an embezzlement investigation? One would think that the FBI can't just seize assets from a person and never return them, right?

I wouldn't be so sure. The RICO laws allow the Fed to seize any assets that were part of a criminal enterprise and never return them.

If it really is just an investigation you are entitled to have the assets returned to you as the Feds finish with their process. You're probably going to need a lawyer to petition to get the assets back, and it could take a long time.

Get receipts for everything they seize, and try to keep track of what they do with things. They are also known for losing assets.

What assets are you talking about, automobiles, houses, property, documents? Are the documents being seized from the person under investigation, or is that person a third party to the investigation?

Of course, if this is in anyway related to a terrorism investigation, all bets are off.

Well, my problem is very complicated, but I really could use some advise.

I've been married for 5 years, 2 children 3 and 1 years old. I'm not a U.S. citizen, but my wife is, and we live in Arkansas. We decided on me looking for a better job. Well I got an offer over in Europe, my native country and we both decided on taking it. I would move for about 6 months before the rest would move over. Well, as soon as I started the job (and signed a $50.000/5 year training bond) my wife voiced her opinion that she really didn't want to move anymore. Things have turned very sour since. I live in Europe now, committed and she lives with the children in Arkansas, with her mother.

She has been mentioning the Divorce word more and more often lately, and I've never really thought in that direction. But now she wants a legal split, have me sign away my paternal rights over to her. And she wants full and sole custody. But tells me that I could come visit anytime I want to, and that she'll send pictures often etc. etc.

Well, I am actually starting to believe that I might not have any rights anymore, with her talking like that, and me not being a citizen living in Europe. I might be able to keep the job and live in the U.S. soon enough, but need to get my feet grounded first before I wil be able to.

Is there any jurispedence on sortlike cases? Do I actually have rights where my children are concerned? I know I will need a good lawyer, but haven't been able to get anywhere using the internet yellow pages either.....


Thank you very much for your time, and sorry about the lengthy post.....

I have a question pertaining to Audio surveillance of employees. I work for a university in the public safety department. This department has installed cameras that are known to have audio capability and the installers (whom I know personally) has unofficially told mme that the audio is being recorded in the directors of safty's office. Since florida has an all parties consent rule and no signs are posted is this action prohibited by the omnibus act of 1969??

In US law you absolutely have rights regarding your children. What country in Europe are you in? I don't know European family law but I would doubt you have no rights there.

The main question you need to be concerned about is jursdiction, where will the divorce and custody actions take place. Divorce could take place in either, it just depends on who files first probably, but custody is almost certianly limited to the children's home state.

You're going to need at least a lawyer in Arkansas, and maybe a lawyer in Europe where you live if you want to file divorce there.

The Arkansas lawyer doesn't need to know European law, he/she's going to be fighting here for custody so you will be subject to the laws of Arkansas. Fortunately most states follow uniform international child custody laws (but I'm not sure with Arkansas, check with a lawyer).

As the biological parent you will certainly be entitled to visitation, and maybe partial custody (during the summer or other vacations). But you're going to need a lawyer to argue for you, and be prepared to spend a lot on airplane fees for you and your kids.

Depending on income you may have to pay child support, and maybe even some form of alimony.

http://www.flsenate.gov/statutes/ind...n%2003#0934.03
This is the statute that would seem to prohibit such unauthorized recordings (there's also a civil damages section), but if it's anything like Pennsylvania there are a slew of exceptions.

I seem to recall an exception here in PA when a University did something very similar to what was being done in Florida. They claimed to be excluded because a) they weren't recording anything, and b) they claimed they weren't actually listening to the conversations, rather they were being attentive to sounds or raised voices that would indicate violent activity. This got them around the PA laws, and I imagine something similar is being done in FL. Are you sure the guy's recording the conversations?

Thank you for replying so quickly!

It looks like I will just have to go talk to a lawyer in Arkansas. That's where they live and that's probably where we'll file it anyway. It's just that the online yellow pages haven't really gotten me anywhere and picking out a good lawyer should be a very carefull task. As far as childsupport and alimony, I really don't mind paying to have my children have a better future. I would do anything for them. It's just very dissapointing that my wife doesn't share the dreams that we both used to have anymore.

Airline tickets should also not hurt me too much, as one of my job benefits. And in a year or so there is the possibility that I will be able to move and live in the US again with the current job. So all I want is to be able to see my children as much as is reasonable, and have them have all the oportunities they deserve.

Thank you.

HR

Check with the Bar Association for the county in Arkansas they live in. You should be able to get a good reccomendation from them.

http://www.arkbar.com/

Alright... I've got a legal question. Is it lawful for an employer to terminate employment because a male employee has long hair? This seems like a double standard, and though I will probably get my hair cut soon, I absolutely refuse to do it because my employer is now requiring me to do so. If I am fired for this I intend to persue legal action.

Food services, Meier? If it brakes a sanitation rule, I can see it, but I'm no lawyer.

My question is: Is gay marriage protected by the constitution (in the opinion of a lawyer)? Why or why not?

Probably, but there shouldn't be a double standard, women are probably also required to have their hair short or in a hair net. This may be a law, or it may simply be a condition of employment that you agreed to when you got the job. Remember all those ridiculous forms they had you sign when you started working? It was probably in there somewhere.

You should be able to wear a hairnet and remain employed. I assume the rationale for not having long hair is to prevent hair from getting in food, maintaining a clean appearence, etc. If so, then wearing a hairnet should settle the matter.

Please post your jurisdiction and I'll see if I can find a law.

As an attorney, the only correct way to answer this question is with two questions: do you want it to be, and do you have enough for a retainer?

If you really want an answer, and I assume you mean the federal constitution, the only one I can give you is that I don't know yet. The Supreme Court has not yet ruled on this matter. Anything I say would be conjecture and/or nonsense.

Several state courts, including recently New York, have found gay marriage to be protected under state constitutions. I have no idea what will happen when or if the Supreme Court rules in this matter.

http://writ.news.findlaw.com/grossman/20050208.html

This topic is probably better suited to Politics or Living forum.

Actually, I was working for Pep Boys, Auto Parts Delivery. There are females that work in the store that have long hair, there are females that do my job that have long hair. It's all about appearance. Thing about it is that I never signed any paperwork saying that I would have short hair, I was rushed through the hiring process and didn't sign much stuff at all. I working there for about 3 weeks before they gave me an ultimatum. I feel discriminated against.

I'm in Charlotte NC, btw.

Friends of mine have advised me that if I was hired with long hair they couldn't ask me to cut it after the fact. I'm not sure how legitimate that claim is, however this policy, which many employers use, is discriminatory and offensive. I passed their drug test, I stayed neat and well groomed, and I was a damn good employee. What more can they ask for from me? I think that if I don't take action, then I am doing everyone in my position a disservice.

Probably not true. Workplaces are allowed to change their standards all the time. If you were under contract, or you had an agreement to a period of time for employment, then they might not have the right to fire you, but barring that (or a union you can submit grievances to) you may be out of luck.

That they let women have long hair is something of an issue. Clearly they have instituted separate standards for men and women not based on job performance. I'm not sure what type of action you could take though. A suit for unfair termination might be successful, but it is unlikely you would get much in damages, so it is equally unlikely an attorney would take the case.

Home purchase from parents:

Recently we purchased my wife's parent's home with the intent to raze the house and build a new house. My father-in-law has refused to remove his personal items from the house. In the purchase and sale there was NO agreement on these items. However we verbally agreed to allow him to remove these items over time. It has been almost 4 months. He thinks he, (my F-I-L) that he can get an injunction preventing us from raising the house. What are my legal options??

He can try to get a court order preventing demolition, but based only on the presence of his personal items in the house he has a very weak case.

Make it clear to him that you plan to start demolition on a certain day. Then send him a certified letter telling him to remove his items by that time. If he fails to do so, remove them yourself and put them in storage.

Where is this located? Some jurisdictions have personal property abandonment laws that prevent prior owners from coming back for personal property after a certain amount of time.

In Massachusetts. I like the idea @ sending a certified letter with a time frame and then if he does not comply, packing up the items and storing them. Is it reasonable to insist he pay for the packing and storing before we release the items to him?

i am not an attorney or anything but watch out with packing up his items and storing them he might never take them back or he might not want to pay you for the storage. just becareful with the ammount of money that you spend.

state in the letter that he has maybe 2 more months to get his stuff or you will sell it to regain your costs of storing it. (check if that is legal) --->just an opinion i am not an attorney

Yeah thanks, I'd thought of that, its all so complicated. I have thought we might pack it up and he'd never come for it. Ironic, but he would like that part. Maybe storage containers on the property might work too.

if its not way to much purchase a shed from home depot or equivelent... and lock it in there. when he wants his stuff make him pay the costs of the shed. then you get a free shed out of the deal. he he dosent get his stuff sell it

I have a two-part question. I live in Seattle, Washington.

1) I got into an accident on Thanksgiving. It was raining and traffic was travelling about 50 or so. But all of a sudden traffic started backing up. I don't know what happened but I couldn't stop in time. I tried to hit the brakes---my car skidded and my steering wheel locked. I wanted to release the brakes and steer to the next lane but I think someone was on the next lane and it was perhaps too late. So I slammed into the guy...my airbags popped. There were no injuries reported on the collision incident report and five people were in the car (including 2 kids). But the guy right now is still "going through treatment." My ticket says I was going "too fast for the conditions." But I was going about 50ish...not 60---the speed limit. It wasn't a heavy rain either but just rained enough to get the highway wet. So my question is...is having bad tires a good defense for this case? I took pictures of my tires after the incident and maybe perhaps go to a mechanic and have them mark the bald spots. Is this an effective defense---saying my tires were bald and skidded because of the weather conditions, and bringing pictures to prove it. If that is not an effective defense, what is? I was going the same speed as everyone else, even slower than some.

2) My second question is...would it be more effective to write and mail in my defense rather than appear in court?

Thanks in advance

May I assume that this is for a violation of:

RCW 46.61.445
Due care required.
Compliance with speed requirements of this chapter under the circumstances hereinabove set forth shall not relieve the operator of any vehicle from the further exercise of due care and caution as further circumstances shall require.

1. Having bald tires is not an effective defense. If you proved you had bald tires, it would only establish that you were still going too fast for conditions (one of those conditions being driving a vehicle with bald tires). You also don't have to be speeding to be driving "too fast for conditions."

An effective defense might be that the State cannot prove how fast you were going at all. Unless the guy was there with a radar detector, or you admitted how fast you were going (never confess!) they may be unable to establish that you were travelling too fast. The Magistrate may or may not buy this argument, but it's probably the best available if you choose to fight it.

Remember you have to prove that you exercised due care. If you get to argue, your argument should focus on how unreasonable someone else was driving, and that you were doing the most reasonable thing under the circumstances. If the guy ahead of you stopped short for no apparent reason, that might work.

2. It would absolutely not be better to mail your defense in. If you are going to fight this, you should appear. This will give you a chance to speak with the officer, maybe get him to lower the offense, maybe to one with a lower fine. Disobedience to a traffic control device is a favourite of mine.

If the cop won't budge or you have to fight the case, you'll need to be there to cross-examine the cop's story and point out his inconsistencies or other problems with his story.

Mailing in a defense is almost a guaranteed way of letting the magistrate accept the cop's word and issue the ticket.


As an interesting afterthought, look what else I found on the books in Washington:

RCW 46.61.665
Embracing another while driving.
It shall be unlawful for any person to operate a motor vehicle upon the highways of this state when such person has in his or her embrace another person which prevents the free and unhampered operation of such vehicle. Operation of a motor vehicle in violation of this section is prima facie evidence of reckless driving.

Okay, how's this for a lawsuit?

Charlotte, NC -- My girlfriend works at Starbucks, she has worked there for nearly 5 years. For at least the last year she has been working 40+ hours a week. In spite of this fact she has been denied full-time benefits because she is considered a "part-time" employee. Around a month ago she inquired with her store manager about receiving full time benefits since she has been working full time for so long. Now, less than 5 weeks later, she has been demoted, citing a bad "secret shopper" score, complete with paycut and knocking her down to about 13 hours a week.

It would seem to me like not only would she have a case, but that there would be the potential for a class-action lawsuit if similar circumstances are prevalent other places in the company.

My Fiance just started a new job, and they have about 30 employees in a medical office. On an almost daily basis she as well as all the other employees get berated by the boss, seems that he gets of on making himself feel superior by putting you down, and even sexual harrassment. He is so concerned of his employees screwing him over that he has hidden cameras and microphones in both offices so detailed that he can see what they are working on. She's hoping he doesent have cameras in the bathroom too!
Question 1- By filing a harassment suit- what would actually happen? would he be charged with something or is it a monitairy fine?
Question 2- is he allowed to record all the video and voice?

because I was a supervisor and manager, I became well versed in what I could and could not do within the workplace. I did not want someone to blindside me with litigation because I wasn't aware of the legal boundaries.

Here's something from the ACLU website about Workplace Privacy.

hmm wishing I would have seen this thread before I wrote mine. Okay I have a roommate who does pot. I don't care that he does unless he is doing it at our apartment. My fiance and I both live there with this roommate as the third person and we've both asked him to go somewhere else, even if it's just outside. We've made it clear that we don't want him doing it there. He still does every so often and aside from calling the police or landlord we haven't been able to get him to quite. He also smokes cigarette inside when we aren't there. Once again neither my fiance nor I really care about his health habits since we both smoke except that we aren't supposed to smoke inside, we want our deposit back and we don't do it for those reasons. I am worried that the neighbors under us will smell it and call the cops or the landlord or that the landlord might when he comes over (our dryer is broken at the moment). Is there any way my fiance or I would be in trouble with the law or the landlord about our roommate's smoking both cigarettes and pot inside? And what can we do to keep ourselves from being responsible or in trouble. I was going to try to have our roommate kicked out and taken off the lease but we only have 2 1/2 months left on the lease and so far everyone else is recommending to try and stick it out. It seems like the easiest thing to do, but I still worry at times. By the way I live in Kansas if that makes any difference.

Thanks

I have a question about a document that my daughter's daycare wants us to
sign. The daycare center is run by the state in which I live. The agreement states:

"In consideration of my child being permitted to use the INSTITUTION
facilities and equipment, I hereby accept all risk to my child's
health and of his/her injury or death that may result from such
participation. I hereby release the above named institution, its
governing board, officers, employees and representatives from any and
all liability to my child, my child's personal representatives,
estate, heirs, nect of kin, and assigns for any and all claims and
causes of action for loss of or damage to my child's property and for
any and all illness or injury to my child's person, including his/her
death, that may result from or occur at the INSTITUTION, whether caused by
negligence or the Institution, its governing board, officers,
employees or representatives, or otherwise. I further agree to
indemnify and hold harmless the Institution, its governing board,
officers, employees or representatives from liability for the injury
or death of any person(s) and damage to property that may result from
my child's negligent or intentional act or omission while
participating in INSTITUTION activities."

My question is: Does signing such a waiver give up any and all rights I have to legal recourse if my child is hurt at her daycare due to negligence?

Thanks.

Eowyn_Vala
As to the cigs and the landlord:
Whether the landlord can evict you, charge you a cleaning fee or withhold your deposit is going to be determined by the lease you signed. Most likely, the landlord will use your deposit to remove the cig. smell from the room after you leave. It doesn't matter if it was you or your roomate, you are jointly liable for the security deposit and the "damage" to the room. You can try to clean the place up as best you can before you leave in an attempt to remove the cig smell, but it will probably be to no avail.

As to the Pot and the landlord:
Whether he can act on your criminal actions will also be determined by the lease. Some leases allow for eviction upon evidence of criminal activity. He may even be allowed to keep the security deposit for this very reason. Examine the lease, it should answer these questions.

As to the Pot and the law:

Marijuana is a Schedule I drug (under 65-4105) in Kansas. The applicable statute reads:

So the question then becomes, what is possession? Can you possess something just by virtue of it being in your apartment?

I don't have complete access to Kansas' case law, but I'm betting the ideas of possession are similar to Pennsylvania's, to which I do have access.

Regardless of one's proprietary interest in dwelling in which controlled substances are found, if contraband is not found on person of defendant, Commonwealth must prove constructive possession. Com. v. Hoetzel, 426 A.2d 669, 284 Pa.Super. 623, Super.1981

So what is constructive possession?

"Constructive possession" of an illegal substance is the ability to exercise conscious control or dominion over the illegal substance and the intent to exercise that control. Com. v. Kirkland, 831 A.2d 607, Super.2003, reargument denied, appeal denied 847 A.2d 1280, 577 Pa. 712.

For purposes of convicting defendant for illegal possession of controlled substance, constructive possession may be inferred from totality of circumstances. Com. v. Luddy, 422 A.2d 601, 281 Pa.Super. 541, 1980, certiorari denied 102 S.Ct. 114, 454 U.S. 825, 70 L.Ed.2d 99; Com. v. DeCampli, 364 A.2d 454, 243 Pa.Super. 69, 1976.

Evidence that could support the contention that it's not yours:
Your roomate does the stand-up thing and takes the fall for you.
Your roomate keeps his stash in a locked box of his locked closet in his locked room.
Anything that tends to show you had no access to or control over the drugs.

So in the end, it's possible that you could be charged with possession if the cops were to bust in and find his stash. It's also likely that you have a decent shot at beating the charges if you can establish some of the above.

Fortunately, simple possession in Kansas is a class A nonperson misdemeanor, and for a first offense you can enter a special remedial sentence program that allows you to enter probation and get the charges expunged later on.

Of course, it is always best to seek the advice of a local attorney who specializes in these matters. Call your county bar association for a referral for more information.

I had a roommate who was having a room rented out for him by a non-profit organization for training purposes, for the period between Feb 19th to May 19th. The organization, which will remain nameless in this thread (maybe I'll start another thread about them), unbeknownst to any of us, does not believe in treating its employee with such things as working under 50 hours a week or giving them a living wage, or even allowing their workers to unionize, despite the fact that they are pro-Union elsewhere. Suffice it to say, my roommate is leaving after a mere three weeks of their abuse.

Now, I have a sublease agreement signed by my roommate that states that this group would have been paying for my roommate's rent for the entire time he was here, he'll testify to that, and that he has had permission from the organization to do this (they had him find his own housing instead of securing it themselves, and he saw my ad online). The one time I did recieve a check from them, it was one of their agents who filled out the check. The rental laws in my state, according to my state Atty General's office, apply to all sublet situations as well, and that even if it was an oral agreement that was a month to month arrangement in nature, the standard in my state is one rental period plus 30 days notice before moving out. Either way, I don't see how they can back out of this.

Now this organization is demanding its deposit back and refusing to pay the remainder of the rent for the period that all parties had agreed to. How can I go about fighting this, and perhaps even getting the money they do rightfully owe me?